525. An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by thecourt in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced asan order of the court.(Amended by Stats. 1907, Ch. 272.)

526. (a) An injunction may be granted in the following cases:

(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or anypart thereof, consists in restraining the commission or continuance of the act complained of, either for a limitedperiod or perpetually.(2) When it appears by the complaint or affidavits that the commission or continuance of some act during thelitigation would produce waste, or great or irreparable injury, to a party to the action.(3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or isprocuring or suffering to be done, some act in violation of the rights of another party to the action respecting thesubject of the action, and tending to render the judgment ineffectual.

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(4) When pecuniary compensation would not afford adequate relief.

(5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequaterelief.(6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings.(7) Where the obligation arises from a trust.(b) An injunction cannot be granted in the following cases:(1) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded,unless the restraint is necessary to prevent a multiplicity of proceedings.(2) To stay proceedings in a court of the United States.(3) To stay proceedings in another state upon a judgment of a court of that state.(4) To prevent the execution of a public statute by officers of the law for the public benefit.(5) To prevent the breach of a contract the performance of which would not be specifically enforced, other than acontract in writing for the rendition of personal services from one to another where the promised service is of aspecial, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value, the loss of whichcannot be reasonably or adequately compensated in damages in an action at law, and where the compensation forthe personal services is as follows:(A) As to contracts entered into on or before December 31, 1993, the minimum compensation provided in thecontract for the personal services shall be at the rate of six thousand dollars ($6,000) per annum.(B) As to contracts entered into on or after January 1, 1994, the criteria of clause (i) or (ii), as follows, aresatisfied:(i) The compensation is as follows:(I) The minimum compensation provided in the contract shall be at the rate of nine thousand dollars ($9,000) perannum for the first year of the contract, twelve thousand dollars ($12,000) per annum for the second year of thecontract, and fifteen thousand dollars ($15,000) per annum for the third to seventh years, inclusive, of thecontract.(II) In addition, after the third year of the contract, there shall actually have been paid for the services throughand including the contract year during which the injunctive relief is sought, over and above the minimum

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contractual compensation specified in subclause (I), the amount of fifteen thousand dollars ($15,000) per annumduring the fourth and fifth years of the contract, and thirty thousand dollars ($30,000) per annum during thesixth and seventh years of the contract. As a condition to petitioning for an injunction, amounts payable under thisclause may be paid at any time prior to seeking injunctive relief.(ii) The aggregate compensation actually received for the services provided under a contract that does not meetthe criteria of subparagraph (A), is at least 10 times the applicable aggregate minimum amount specified insubclauses (I) and (II) of clause (i) through and including the contract year during which the injunctive relief issought. As a condition to petitioning for an injunction, amounts payable under this subparagraph may be paid atany time prior to seeking injunctive relief.(C) Compensation paid in any contract year in excess of the minimums specified in clauses (i) and (ii) ofsubparagraph (B) shall apply to reduce the compensation otherwise required to be paid under those provisions inany subsequent contract years. However, an injunction may be granted to prevent the breach of a contractentered into between any nonprofit cooperative corporation or association and a member or stockholder thereof,in respect to any provision regarding the sale or delivery to the corporation or association of the productsproduced or acquired by the member or stockholder.(6) To prevent the exercise of a public or private office, in a lawful manner, by the person in possession.(7) To prevent a legislative act by a municipal corporation.(Amended by Stats. 1993, Ch. 836, Sec. 2. Effective January 1, 1994.)

526a. An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to,the estate, funds, or other property of a county, town, city or city and county of the state, may be maintainedagainst any officer thereof, or any agent, or other person, acting in its behalf, either by a citizen resident therein,or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of theaction, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, orcity and county, or any public officer; provided, that no injunction shall be granted restraining the offering for sale,sale, or issuance of any municipal bonds for public improvements or public utilities.An action brought pursuant to this section to enjoin a public improvement project shall take special precedenceover all civil matters on the calendar of the court except those matters to which equal precedence on the calendaris granted by law.

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(Amended by Stats. 1967, Ch. 706.)

526b. Every person or corporation bringing, instigating, exciting or abetting, any suit to obtain an injunction,restraining or enjoining the issuance, sale, offering for sale, or delivery, of bonds, or other securities, or theexpenditure of the proceeds of the sale of such bonds or other securities, of any city, city and county, town,county, or other district organized under the laws of this state, or any other political subdivision of this state,proposed to be issued, sold, offered for sale or delivered by such city, city and county, town, county, district orother political subdivision, for the purpose of acquiring, constructing, completing, improving or extending waterworks, electric works, gas works or other public utility works or property, shall, if the injunction sought is finallydenied, and if such person or corporation owns, controls, or is operating or interested in, a public utility businessof the same nature as that for which such bonds or other securities are proposed to be issued, sold, offered forsale, or delivered, be liable to the defendant for all costs, damages and necessary expenses resulting to suchdefendant by reason of the filing of such suit.(Added by Stats. 1921, Ch. 384.)

527. (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or uponaffidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient groundsexist therefor. No preliminary injunction shall be granted without notice to the opposing party.(b) A temporary restraining order or a preliminary injunction, or both, may be granted in a class action, in whichone or more of the parties sues or defends for the benefit of numerous parties upon the same grounds as in otheractions, whether or not the class has been certified.(c) No temporary restraining order shall be granted without notice to the opposing party, unless both of thefollowing requirements are satisfied:(1) It appears from facts shown by affidavit or by the verified complaint that great or irreparable injury will resultto the applicant before the matter can be heard on notice.(2) The applicant or the applicants attorney certifies one of the following to the court under oath:(A) That within a reasonable time prior to the application the applicant informed the opposing party or theopposing partys attorney at what time and where the application would be made.(B) That the applicant in good faith attempted but was unable to inform the opposing party and the opposing

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partys attorney, specifying the efforts made to contact them.

(C) That for reasons specified the applicant should not be required to so inform the opposing party or theopposing partys attorney.(d) In case a temporary restraining order is granted without notice in the contingency specified in subdivision (c):(1) The matter shall be made returnable on an order requiring cause to be shown why a preliminary injunctionshould not be granted, on the earliest day that the business of the court will admit of, but not later than 15 daysor, if good cause appears to the court, 22 days from the date the temporary restraining order is issued.(2) The party who obtained the temporary restraining order shall, within five days from the date the temporaryrestraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party acopy of the complaint if not previously served, the order to show cause stating the date, time, and place of thehearing, any affidavits to be used in the application, and a copy of the points and authorities in support of theapplication. The court may for good cause, on motion of the applicant or on its own motion, shorten the timerequired by this paragraph for service on the opposing party.(3) When the matter first comes up for hearing, if the party who obtained the temporary restraining order is notready to proceed, or if the party has failed to effect service as required by paragraph (2), the court shall dissolvethe temporary restraining order.(4) The opposing party is entitled to one continuance for a reasonable period of not less than 15 days or anyshorter period requested by the opposing party, to enable the opposing party to meet the application for apreliminary injunction. If the opposing party obtains a continuance under this paragraph, the temporaryrestraining order shall remain in effect until the date of the continued hearing.(5) Upon the filing of an affidavit by the applicant that the opposing party could not be served within the timerequired by paragraph (2), the court may reissue any temporary restraining order previously issued. The reissuedorder shall be made returnable as provided by paragraph (1), with the time for hearing measured from the dateof reissuance. No fee shall be charged for reissuing the order.(e) The opposing party may, in response to an order to show cause, present affidavits relating to the granting ofthe preliminary injunction, and if the affidavits are served on the applicant at least two days prior to the hearing,the applicant shall not be entitled to any continuance on account thereof. On the day the order is madereturnable, the hearing shall take precedence over all other matters on the calendar of the day, except oldermatters of the same character, and matters to which special precedence may be given by law. When the cause is

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at issue it shall be set for trial at the earliest possible date and shall take precedence over all other cases, exceptolder matters of the same character, and matters to which special precedence may be given by law.(f) Notwithstanding failure to satisfy the time requirements of this section, the court may nonetheless hear theorder to show cause why a preliminary injunction should not be granted if the moving and supporting papers areserved within the time required by Section 1005 and one of the following conditions is satisfied:(1) The order to show cause is issued without a temporary restraining order.(2) The order to show cause is issued with a temporary restraining order, but is either not set for hearing withinthe time required by paragraph (1) of subdivision (d), or the party who obtained the temporary restraining orderfails to effect service within the time required by paragraph (2) of subdivision (d).(g) This section does not apply to an order issued under the Family Code.(h) As used in this section:(1) Complaint means a complaint or a cross-complaint.(2) Court means the court in which the action is pending.(Amended by Stats. 2000, Ch. 688, Sec. 4. Effective January 1, 2001.)

527.3. (a) In order to promote the rights of workers to engage in concerted activities for the purpose of collectivebargaining, picketing or other mutual aid or protection, and to prevent the evils which frequently occur whencourts interfere with the normal processes of dispute resolution between employers and recognized employeeorganizations, the equity jurisdiction of the courts in cases involving or growing out of a labor dispute shall be nobroader than as set forth in subdivision (b) of this section, and the provisions of subdivision (b) of this section shallbe strictly construed in accordance with existing law governing labor disputes with the purpose of avoiding anyunnecessary judicial interference in labor disputes.(b) The acts enumerated in this subdivision, whether performed singly or in concert, shall be legal, and no courtnor any judge nor judges thereof, shall have jurisdiction to issue any restraining order or preliminary orpermanent injunction which, in specific or general terms, prohibits any person or persons, whether singly or inconcert, from doing any of the following:(1) Giving publicity to, and obtaining or communicating information regarding the existence of, or the factsinvolved in, any labor dispute, whether by advertising, speaking, patrolling any public street or any place where

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any person or persons may lawfully be, or by any other method not involving fraud, violence or breach of thepeace.(2) Peaceful picketing or patrolling involving any labor dispute, whether engaged in singly or in numbers.(3) Assembling peaceably to do any of the acts specified in paragraphs (1) and (2) or to promote lawful interests.(4) Except as provided in subparagraph (iv), for purposes of this section, labor dispute is defined as follows:(i) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who areengaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; or who areemployees of the same employer; or who are members of the same or an affiliated organization of employers oremployees; whether such dispute is (a) between one or more employers or associations of employers and one ormore employees or associations of employees; (b) between one or more employers or associations of employersand one or more employers or associations of employers; or (c) between one or more employees or associationsof employees and one or more employees or associations of employees; or when the case involves any conflictingor competing interests in a labor dispute of persons participating or interested therein (as defined insubparagraph (ii)).(ii) A person or association shall be held to be a person participating or interested in a labor dispute if relief issought against him or it, and if he or it is engaged in the same industry, trade, craft, or occupation in which suchdispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any associationcomposed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.(iii) The term labor dispute includes any controversy concerning terms or conditions of employment, orconcerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking toarrange terms or conditions of employment regardless of whether or not the disputants stand in the proximaterelation of employer and employee.(iv) The term labor dispute does not include a jurisdictional strike as defined in Section 1118 of the Labor Code.(c) Nothing contained in this section shall be construed to alter or supersede the provisions of Chapter 1 of the197576 Third Extraordinary Session, and to the extent of any conflict between the provisions of this act and thatchapter, the provisions of the latter shall prevail.(d) Nothing contained in this section shall be construed to alter the legal rights of public employees or theiremployers, nor shall this section alter the rights of parties to collective-bargaining agreements under theprovisions of Section 1126 of the Labor Code.

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(e) It is not the intent of this section to permit conduct that is unlawful including breach of the peace, disorderlyconduct, the unlawful blocking of access or egress to premises where a labor dispute exists, or other similarunlawful activity.(Added by Stats. 1975, Ch. 1156.)

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527.6. (a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporaryrestraining order and an injunction prohibiting harassment as provided in this section.(2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall bepermitted to appear in court without counsel for the limited purpose of requesting or opposing a request for atemporary restraining order or injunction, or both, under this section as provided in Section 374.(b) For the purposes of this section:(1) Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short,evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone callsto an individual, or sending harassing correspondence to an individual by any means, including, but not limited to,the use of public or private mails, interoffice mail, facsimile, or computer email. Constitutionally protected activityis not included within the meaning of course of conduct.(2) Credible threat of violence is a knowing and willful statement or course of conduct that would place areasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves nolegitimate purpose.(3) Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conductdirected at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimatepurpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotionaldistress, and must actually cause substantial emotional distress to the petitioner.(4) Petitioner means the person to be protected by the temporary restraining order and injunction and, if thecourt grants the petition, the protected person.(5) Respondent means the person against whom the temporary restraining order and injunction are sought and,if the petition is granted, the restrained person.(6) Temporary restraining order and injunction mean orders that include any of the following restrainingorders, whether issued ex parte or after notice and hearing:(A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening,sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls,as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly orindirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner.

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(B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate ordersdescribed in subparagraph (A).(7) Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, butshall not include lawful acts of self-defense or defense of others.(c) In the discretion of the court, on a showing of good cause, a temporary restraining order or injunction issuedunder this section may include other named family or household members.(d) Upon filing a petition for an injunction under this section, the petitioner may obtain a temporary restrainingorder in accordance with Section 527, except to the extent this section provides a rule that is inconsistent. Thetemporary restraining order may include any of the restraining orders described in paragraph (6) of subdivision(b). A temporary restraining order may be issued with or without notice, based on a declaration that, to thesatisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and thatgreat or irreparable harm would result to the petitioner.(e) A request for the issuance of a temporary restraining order without notice under this section shall be grantedor denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the dayto permit effective review, in which case the order shall be granted or denied on the next day of judicial businessin sufficient time for the order to be filed that day with the clerk of the court.(f) A temporary restraining order issued under this section shall remain in effect, at the courts discretion, for aperiod not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25days, unless otherwise modified or terminated by the court.(g) Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporaryorder is granted or denied, a hearing shall be held on the petition for the injunction. If no request for temporaryorders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from thedate that the petition is filed.(h) The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment or mayfile a cross-petition under this section.(i) At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. Ifthe judge finds by clear and convincing evidence that unlawful harassment exists, an injunction shall issueprohibiting the harassment.(j) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a

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duration of not more than five years, subject to termination or modification by further order of the court either onwritten stipulation filed with the court or on the motion of a party. The order may be renewed, upon the request ofa party, for a duration of not more than five additional years, without a showing of any further harassment sincethe issuance of the original order, subject to termination or modification by further order of the court either onwritten stipulation filed with the court or on the motion of a party. A request for renewal may be brought at anytime within the three months before the expiration of the order.(2) The failure to state the expiration date on the face of the form creates an order with a duration of three yearsfrom the date of issuance.(3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration datespecified in the order by a party other than the protected party, the party who is protected by the order shall begiven notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protectedparty has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of theGovernment Code, by service on the Secretary of State. If the party who is protected by the order cannot benotified prior to the hearing for modification or termination of the protective order, the court shall deny the motionto modify or terminate the order without prejudice or continue the hearing until the party who is protected can beproperly noticed and may, upon a showing of good cause, specify another method for service of process that isreasonably designed to afford actual notice to the protected party. The protected party may waive his or her rightto notice if he or she is physically present in court and does not challenge the sufficiency of the notice.(k) This section does not preclude either party from representation by private counsel or from appearing on thepartys own behalf.(l) In a proceeding under this section if there are allegations of unlawful violence or credible threats of violence, asupport person may accompany a party in court and, if the party is not represented by an attorney, may sit withthe party at the table that is generally reserved for the party and the partys attorney. The support person ispresent to provide moral and emotional support for a person who alleges he or she is a victim of violence. Thesupport person is not present as a legal adviser and may not provide legal advice. The support person may assistthe person who alleges he or she is a victim of violence in feeling more confident that he or she will not be injuredor threatened by the other party during the proceedings if the person who alleges he or she is a victim of violenceand the other party are required to be present in close proximity. This subdivision does not preclude the courtfrom exercising its discretion to remove the support person from the courtroom if the court believes the supportperson is prompting, swaying, or influencing the party assisted by the support person.

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(m) Upon the filing of a petition for an injunction under this section, the respondent shall be personally servedwith a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shallbe made at least five days before the hearing. The court may for good cause, on motion of the petitioner or on itsown motion, shorten the time for service on the respondent.(n) A notice of hearing under this section shall notify the respondent that if he or she does not attend the hearing,the court may make orders against him or her that could last up to three years.(o) (1) The court may, upon the filing of a declaration by the petitioner that the respondent could not be servedwithin the time required by statute, reissue an order previously issued and dissolved by the court for failure toserve the respondent. The reissued order shall remain in effect until the date set for the hearing.(2) The reissued order shall state on its face the date of expiration of the order.(p) (1) If a respondent, named in a restraining order issued after a hearing, has not been served personally withthe order but has received actual notice of the existence and substance of the order through personal appearancein court to hear the terms of the order from the court, no additional proof of service is required for enforcement ofthe order.(2) If the respondent named in a temporary restraining order is personally served with the order and notice ofhearing with respect to a restraining order or protective order based on the temporary restraining order, but therespondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions ofthe restraining order or protective order issued at the hearing are identical to the temporary restraining order,except for the duration of the order, then the restraining order or protective order issued at the hearing may beserved on the respondent by first-class mail sent to the respondent at the most current address for therespondent available to the court.(3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement insubstantially the following form:If you have been personally served with this temporary restraining order and notice of hearing, but you do notappear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporaryrestraining order except for the expiration date is issued at the hearing, a copy of the restraining order will beserved on you by mail at the following address: ____.If that address is not correct or you wish to verify that the temporary restraining order was converted to a

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restraining order at the hearing without substantive change and to find out the duration of that order, contact theclerk of the court.(q) (1) Information on any temporary restraining order or injunction relating to civil harassment issued by a courtpursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2)or (3).(2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued underthis section, or reissuance, extension, modification, or termination of the order, and any subsequent proof ofservice, by the close of the business day on which the order, reissuance, extension, modification, or terminationwas made, to a law enforcement agency having jurisdiction over the residence of the petitioner and to anyadditional law enforcement agencies within the courts discretion as are requested by the petitioner.(3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel allinformation required under subdivision (b) of Section 6380 of the Family Code regarding any order issued underthis section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof ofservice, by either one of the following methods:(A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized bythe Department of Justice to enter orders into the California Law Enforcement Telecommunications System(CLETS).(B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.(4) Each appropriate law enforcement agency shall make available information as to the existence and currentstatus of these orders to law enforcement officers responding to the scene of reported harassment.(5) An order issued under this section shall, on request of the petitioner, be served on the respondent, whether ornot the respondent has been taken into custody, by any law enforcement officer who is present at the scene ofreported harassment involving the parties to the proceeding. The petitioner shall provide the officer with anendorsed copy of the order and a proof of service that the officer shall complete and send to the issuing court.(6) Upon receiving information at the scene of an incident of harassment that a protective order has been issuedunder this section, or that a person who has been taken into custody is the subject of an order, if the protectedperson cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verifythe existence of the order.

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(7) If the law enforcement officer determines that a protective order has been issued, but not served, the officershall immediately notify the respondent of the terms of the order and shall at that time also enforce the order.Verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposesof this section and for the purposes of Section 29825 of the Penal Code.(r) The prevailing party in any action brought under this section may be awarded court costs and attorneys fees,if any.(s) Any willful disobedience of any temporary restraining order or injunction granted under this section ispunishable pursuant to Section 273.6 of the Penal Code.(t) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive,or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearmshe or she owns or possesses pursuant to Section 527.9.(3) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm orammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.(u) This section does not apply to any action or proceeding covered by Title 1.6C (commencing with Section 1788)of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. Thissection does not preclude a petitioner from using other existing civil remedies.(v) (1) The Judicial Council shall develop forms, instructions, and rules relating to matters governed by thissection. The petition and response forms shall be simple and concise, and their use by parties in actions broughtpursuant to this section shall be mandatory.(2) A temporary restraining order or injunction relating to civil harassment issued by a court pursuant to thissection shall be issued on forms adopted by the Judicial Council of California and that have been approved by theDepartment of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that anorder issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council andapproved by the Department of Justice shall not, in and of itself, make the order unenforceable.(w) There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against thepetitioner, or stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner inreasonable fear of violence, and that seeks a protective or restraining order or injunction restraining stalking orfuture violence or threats of violence, in any action brought pursuant to this section. No fee shall be paid for a

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subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to apetition alleging these acts.(x) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be nofee for the service of process by a sheriff or marshal of a protective order, restraining order, or injunction to beissued, if either of the following conditions applies:(A) The protective order, restraining order, or injunction issued pursuant to this section is based upon stalking, asprohibited by Section 646.9 of the Penal Code.(B) The protective order, restraining order, or injunction issued pursuant to this section is based upon unlawfulviolence or a credible threat of violence.(2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the servicesdescribed in this subdivision.(y) This section shall become operative on July 1, 2014.(Repealed (in Sec. 1) and added by Stats. 2013, Ch. 158, Sec. 2. Effective January 1, 2014. Section operative July 1, 2014, by itsown provisions.)

527.7. (a) It shall be unlawful for any group, association, organization, society, or other assemblage of two ormore persons to meet and to advocate, and to take substantial action in furtherance of, the commission of anunlawful act of violence or force directed to and likely to produce the imminent and unlawful infliction of seriousbodily injury or death of another person within this state.(b) Whenever it reasonably appears that any group, association, society, or other assemblage of two or morepersons has met and taken substantial action in furtherance of the commission of an act of violence made unlawfulby subdivision (a) and will engage in those acts in the future, any aggrieved individual may bring a civil action inthe superior court to enjoin the advocacy of the commission of any act of violence made unlawful by subdivision(a) at any future meeting or meetings. Upon a proper showing by clear and convincing evidence, a permanent orpreliminary injunction, restraining order, or writ of mandate shall be granted.(c) Whenever it appears that an action brought under this section was groundless and brought in bad faith for thepurpose of harassment, the trial court or any appellate court may award to the defendant attorneys fees andcourt costs incurred for the purpose of defending the action.(Added by Stats. 1982, Ch. 1624, Sec. 1.)

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527.8. (a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from anyindividual, that can reasonably be construed to be carried out or to have been carried out at the workplace, mayseek a temporary restraining order and an injunction on behalf of the employee and, at the discretion of thecourt, any number of other employees at the workplace, and, if appropriate, other employees at other workplacesof the employer.(b) For the purposes of this section:(1) Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short,evidencing a continuity of purpose, including following or stalking an employee to or from the place of work;entering the workplace; following an employee during hours of employment; making telephone calls to anemployee; or sending correspondence to an employee by any means, including, but not limited to, the use of thepublic or private mails, interoffice mail, facsimile, or computer email.(2) Credible threat of violence is a knowing and willful statement or course of conduct that would place areasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves nolegitimate purpose.(3) Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includesa federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-publiccorporation, or any public agency thereof or therein. Employee also includes the members of boards of directorsof private, public, and quasi-public corporations and elected and appointed public officers. For purposes of thissection only, employee also includes a volunteer or independent contractor who performs services for theemployer at the employers worksite.(4) Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order andinjunction.(5) Respondent means the person against whom the temporary restraining order and injunction are sought and,if the petition is granted, the restrained person.(6) Temporary restraining order and injunction mean orders that include any of the following restrainingorders, whether issued ex parte or after notice and hearing:(A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening,sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone callsas described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or

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indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.(B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate ordersdescribed in subparagraph (A).(7) Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, butshall not include lawful acts of self-defense or defense of others.(c) This section does not permit a court to issue a temporary restraining order or injunction prohibiting speech orother activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provisionof law.(d) In the discretion of the court, on a showing of good cause, a temporary restraining order or injunction issuedunder this section may include other named family or household members, or other persons employed at theemployees workplace or workplaces.(e) Upon filing a petition for an injunction under this section, the petitioner may obtain a temporary restrainingorder in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to thesatisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a crediblethreat of violence by the respondent, and that great or irreparable harm would result to an employee. Thetemporary restraining order may include any of the protective orders described in paragraph (6) of subdivision(b).(f) A request for the issuance of a temporary restraining order without notice under this section shall be grantedor denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the dayto permit effective review, in which case the order shall be granted or denied on the next day of judicial businessin sufficient time for the order to be filed that day with the clerk of the court.(g) A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for aperiod not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25days, unless otherwise modified or terminated by the court.(h) Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporaryorder is granted or denied, a hearing shall be held on the petition for the injunction. If no request for temporaryorders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from thedate that the petition is filed.(i) The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or

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credible threats of violence.

(j) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry.Moreover, if the respondent is a current employee of the entity requesting the injunction, the judge shall receiveevidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If thejudge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a crediblethreat of violence, an injunction shall issue prohibiting further unlawful violence or threats of violence.(k) (1) In the discretion of the court, an order issued after notice and hearing under this section may have aduration of not more than three years, subject to termination or modification by further order of the court eitheron written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon therequest of a party, for a duration of not more than three years, without a showing of any further violence orthreats of violence since the issuance of the original order, subject to termination or modification by further orderof the court either on written stipulation filed with the court or on the motion of a party. The request for renewalmay be brought at any time within the three months before the expiration of the order.(2) The failure to state the expiration date on the face of the form creates an order with a duration of three yearsfrom the date of issuance.(3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration datespecified in the order by a party other than the protected party, the party who is protected by the order shall begiven notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protectedparty has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of theGovernment Code, by service on the Secretary of State. If the party who is protected by the order cannot benotified prior to the hearing for modification or termination of the protective order, the court shall deny the motionto modify or terminate the order without prejudice or continue the hearing until the party who is protected can beproperly noticed and may, upon a showing of good cause, specify another method for service of process that isreasonably designed to afford actual notice to the protected party. The protected party may waive his or her rightto notice if he or she is physically present in court and does not challenge the sufficiency of the notice.(l) This section does not preclude either party from representation by private counsel or from appearing on his orher own behalf.(m) Upon filing of a petition for an injunction under this section, the respondent shall be personally served with acopy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall bemade at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its

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own motion, shorten the time for service on the respondent.

(n) A notice of hearing under this section shall notify the respondent that, if he or she does not attend thehearing, the court may make orders against him or her that could last up to three years.(o) (1) The court may, upon the filing of a declaration by the petitioner that the respondent could not be servedwithin the time required by statute, reissue an order previously issued and dissolved by the court for failure toserve the respondent. The reissued order shall remain in effect until the date set for the hearing.(2) The reissued order shall state on its face the date of expiration of the order.(p) (1) If a respondent, named in a restraining order issued under this section after a hearing, has not beenserved personally with the order but has received actual notice of the existence and substance of the orderthrough personal appearance in court to hear the terms of the order from the court, no additional proof of serviceis required for enforcement of the order.(2) If the respondent named in a temporary restraining order is personally served with the order and notice ofhearing with respect to a restraining order or protective order based on the temporary restraining order, but theperson does not appear at the hearing, either personally or by an attorney, and the terms and conditions of therestraining order or protective order issued at the hearing are identical to the temporary restraining order, exceptfor the duration of the order, then the restraining order or protective order issued at the hearing may be servedon the person by first-class mail sent to that person at the most current address for the person available to thecourt.(3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement insubstantially the following form:If you have been personally served with this temporary restraining order and notice of hearing, but you do notappear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restrainingorder except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail atthe following address: ____.If that address is not correct or you wish to verify that the temporary restraining order was converted to arestraining order at the hearing without substantive change and to find out the duration of that order, contact theclerk of the court.

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(q) (1) Information on any temporary restraining order or injunction relating to workplace violence issued by acourt pursuant to this section shall be transmitted to the Department of Justice in accordance with eitherparagraph (2) or (3).(2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issuedunder this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proofof service, by the close of the business day on which the order, reissuance, extension, modification, or terminationwas made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to anyadditional law enforcement agencies within the courts discretion as are requested by the petitioner.(3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel allinformation required under subdivision (b) of Section 6380 of the Family Code regarding any order issued underthis section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof ofservice, by either one of the following methods:(A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized bythe Department of Justice to enter orders into the California Law Enforcement Telecommunications System(CLETS).(B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.(4) Each appropriate law enforcement agency shall make available information as to the existence and currentstatus of these orders to law enforcement officers responding to the scene of reported unlawful violence or acredible threat of violence.(5) At the request of the petitioner, an order issued under this section shall be served on the respondent,regardless of whether the respondent has been taken into custody, by any law enforcement officer who is presentat the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings.The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officershall complete and send to the issuing court.(6) Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence thata protective order has been issued under this section, or that a person who has been taken into custody is thesubject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a lawenforcement officer shall immediately attempt to verify the existence of the order.(7) If the law enforcement officer determines that a protective order has been issued, but not served, the officer

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shall immediately notify the respondent of the terms of the order and obtain the respondents address. The lawenforcement officer shall at that time also enforce the order, but may not arrest or take the respondent intocustody for acts in violation of the order that were committed prior to the verbal notice of the terms andconditions of the order. The law enforcement officers verbal notice of the terms of the order shall constituteservice of the order and constitutes sufficient notice for the purposes of this section and for the purposes ofSection 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondentsmailing address provided to the law enforcement officer within one business day of the reported incident ofunlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was providedby a law enforcement officer.(r) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive,or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearmshe or she owns or possesses pursuant to Section 527.9.(3) Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm orammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.(s) Any intentional disobedience of any temporary restraining order or injunction granted under this section ispunishable pursuant to Section 273.6 of the Penal Code.(t) Nothing in this section may be construed as expanding, diminishing, altering, or modifying the duty, if any, ofan employer to provide a safe workplace for employees and other persons.(u) (1) The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by thissection. The forms for the petition and response shall be simple and concise, and their use by parties in actionsbrought pursuant to this section shall be mandatory.(2) A temporary restraining order or injunction relating to unlawful violence or a credible threat of violence issuedby a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and thathave been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code.However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by theJudicial Council and approved by the Department of Justice shall not, in and of itself, make the orderunenforceable.(v) There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an

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employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed theemployee in reasonable fear of violence, and that seeks a protective or restraining order or injunction restrainingstalking or future violence or threats of violence, in any action brought pursuant to this section. No fee shall bepaid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a responseto a petition alleging these acts.(w) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be nofee for the service of process by a sheriff or marshal of a temporary restraining order or injunction to be issuedpursuant to this section if either of the following conditions applies:(A) The temporary restraining order or injunction issued pursuant to this section is based upon stalking, asprohibited by Section 646.9 of the Penal Code.(B) The temporary restraining order or injunction issued pursuant to this section is based on unlawful violence or acredible threat of violence.(2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the servicesdescribed in this subdivision.(Amended by Stats. 2012, Ch. 162, Sec. 13. Effective January 1, 2013.)

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527.85. (a) Any chief administrative officer of a postsecondary educational institution, or an officer or employeedesignated by the chief administrative officer to maintain order on the school campus or facility, a student of whichhas suffered a credible threat of violence made off the school campus or facility from any individual, which canreasonably be construed to be carried out or to have been carried out at the school campus or facility, may, withthe written consent of the student, seek a temporary restraining order and an injunction, on behalf of the studentand, at the discretion of the court, any number of other students at the campus or facility who are similarlysituated.(b) For the purposes of this section, the following definitions shall apply:(1) Chief administrative officer means the principal, president, or highest ranking official of the postsecondaryeducational institution.(2) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, howevershort, evidencing a continuity of purpose, including any of the following:(A) Following or stalking a student to or from school.(B) Entering the school campus or facility.(C) Following a student during school hours.(D) Making telephone calls to a student.(E) Sending correspondence to a student by any means, including, but not limited to, the use of the public orprivate mails, interoffice mail, facsimile, or computer email.(3) Credible threat of violence means a knowing and willful statement or course of conduct that would place areasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves nolegitimate purpose.(4) Petitioner means the chief administrative officer, or his or her designee, who petitions under subdivision (a)for a temporary restraining order and injunction.(5) Postsecondary educational institution means a private institution of vocational, professional, or postsecondaryeducation.(6) Respondent means the person against whom the temporary restraining order and injunction are sought and,if the petition is granted, the restrained person.

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(7) Student means an adult currently enrolled in or applying for admission to a postsecondary educationalinstitution.(8) Temporary restraining order and injunction mean orders that include any of the following restrainingorders, whether issued ex parte, or after notice and hearing:(A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening,sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone callsas described in Section 653m of the Penal Code, destroying personal property, contacting, either directly orindirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the student.(B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate ordersdescribed in subparagraph (A).(9) Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code,but shall not include lawful acts of self-defense or defense of others.(c) This section does not permit a court to issue a temporary restraining order or injunction prohibiting speech orother activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provisionof law.(d) In the discretion of the court, on a showing of good cause, a temporary restraining order or injunction issuedunder this section may include other named family or household members of the student, or other students at thecampus or facility.(e) Upon filing a petition for an injunction under this section, the petitioner may obtain a temporary restrainingorder in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to thesatisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made offthe school campus or facility by the respondent, and that great or irreparable harm would result to the student.The temporary restraining order may include any of the protective orders described in paragraph (8) ofsubdivision (b).(f) A request for the issuance of a temporary restraining order without notice under this section shall be grantedor denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the dayto permit effective review, in which case the order shall be granted or denied on the next day of judicial businessin sufficient time for the order to be filed that day with the clerk of the court.(g) A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a

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period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25days, unless otherwise modified or terminated by the court.(h) Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for atemporary order is granted or denied, a hearing shall be held on the petition for the injunction. If no request fortemporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25days, from the date the petition is filed.(i) The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats ofviolence.(j) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry.Moreover, if the respondent is a current student of the entity requesting the injunction, the judge shall receiveevidence concerning the decision of the postsecondary educational institution decision to retain, terminate, orotherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent madea credible threat of violence off the school campus or facility, an injunction shall be issued prohibiting furtherthreats of violence.(k) (1) In the discretion of the court, an order issued after notice and hearing under this section may have aduration of not more than three years, subject to termination or modification by further order of the court eitheron written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon therequest of a party, for a duration of not more than three years, without a showing of any further violence orthreats of violence since the issuance of the original order, subject to termination or modification by further orderof the court either on written stipulation filed with the court or on the motion of a party. The request for renewalmay be brought at any time within the three months before the expiration of the order.(2) The failure to state the expiration date on the face of the form creates an order with a duration of three yearsfrom the date of issuance.(3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration datespecified in the order by a party other than the protected party, the party who is protected by the order shall begiven notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protectedparty has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of theGovernment Code, by service on the Secretary of State. If the party who is protected by the order cannot benotified prior to the hearing for modification or termination of the protective order, the court shall deny the motionto modify or terminate the order without prejudice or continue the hearing until the party who is protected can be

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properly noticed and may, upon a showing of good cause, specify another method for service of process that isreasonably designed to afford actual notice to the protected party. The protected party may waive his or her rightto notice if he or she is physically present in court and does not challenge the sufficiency of the notice.(l) This section does not preclude either party from representation by private counsel or from appearing on his orher own behalf.(m) Upon filing of a petition for an injunction under this section, the respondent shall be personally served with acopy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall bemade at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on itsown motion, shorten the time for service on the respondent.(n) A notice of hearing under this section shall notify the respondent that if he or she does not attend the hearing,the court may make orders against him or her that could last up to three years.(o) (1) The court may, upon the filing of a declaration by the petitioner that the respondent could not be servedwithin the time required by statute, reissue an order previously issued and dissolved by the court for failure toserve the respondent. The reissued order shall remain in effect until the date set for the hearing.(2) The reissued order shall state on its face the date of expiration of the order.(p) (1) If a respondent, named in an order issued under this section after a hearing, has not been servedpersonally with the order but has received actual notice of the existence and substance of the order throughpersonal appearance in court to hear the terms of the order from the court, no additional proof of service isrequired for enforcement of the order.(2) If the respondent named in a temporary restraining order is personally served with the order and notice ofhearing with respect to a restraining order or protective order based on the temporary restraining order, but therespondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions ofthe restraining order or protective order issued at the hearing are identical to the temporary restraining order,except for the duration of the order, then the restraining order or protective order issued at the hearing may beserved on the respondent by first-class mail sent to that person at the most current address for the respondentavailable to the court.(3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement insubstantially the following form:

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If you have been personally served with a temporary restraining order and notice of hearing, but you do notappear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporaryrestraining order except for the expiration date is issued at the hearing, a copy of the order will be served on youby mail at the following address:____.If that address is not correct or you wish to verify that the temporary restraining order was converted to arestraining order at the hearing without substantive change and to find out the duration of that order, contact theclerk of the court.(q) (1) Information on any temporary restraining order or injunction relating to schoolsite violence issued by acourt pursuant to this section shall be transmitted to the Department of Justice in accordance with eitherparagraph (2) or (3).(2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issuedunder this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proofof service, by the close of the business day on which the order, reissuance, or termination of the order, and anyproof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petitionand to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.(3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel allinformation required under subdivision (b) of Section 6380 of the Family Code regarding any order issued underthis section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof ofservice, by either one of the following methods:(A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized bythe Department of Justice to enter orders into the California Law Enforcement Telecommunications System(CLETS).(B) With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.(4) Each appropriate law enforcement agency shall make available information as to the existence and currentstatus of these orders to law enforcement officers responding to the scene of reported unlawful violence or acredible threat of violence.(5) At the request of the petitioner, an order issued under this section shall be served on the respondent,regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present

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at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings.The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officershall complete and send to the issuing court.(6) Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence thata protective order has been issued under this section, or that a person who has been taken into custody is thesubject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a lawenforcement officer shall immediately attempt to verify the existence of the order.(7) If the law enforcement officer determines that a protective order has been issued, but not served, the officershall immediately notify the respondent of the terms of the order and obtain the respondents address. The lawenforcement officer shall at that time also enforce the order, but may not arrest or take the respondent intocustody for acts in violation of the order that were committed prior to the verbal notice of the terms andconditions of the order. The law enforcement officers verbal notice of the terms of the order shall constituteservice of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of thePenal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address providedto the law enforcement officer within one business day of the reported incident of unlawful violence or a crediblethreat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.(r) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive,or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearmshe or she owns or possesses pursuant to Section 527.9.(3) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm orammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.(s) Any intentional disobedience of any temporary restraining order or injunction granted under this section ispunishable pursuant to Section 273.6 of the Penal Code.(t) Nothing in this section may be construed as expanding, diminishing, altering, or modifying the duty, if any, of apostsecondary educational institution to provide a safe environment for students and other persons.(u) (1) The Judicial Council shall develop forms, instructions, and rules relating to matters governed by thissection. The forms for the petition and response shall be simple and concise, and their use by parties in actionsbrought pursuant to this section shall be mandatory.

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(2) A temporary restraining order or injunction relating to unlawful violence or a credible threat of violence issuedby a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have beenapproved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However,the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the JudicialCouncil and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.(v) There is no filing fee for a petition that alleges that a person has threatened violence against a student of thepetitioner, or stalked the student, or acted or spoken in any other manner that has placed the student inreasonable fear of violence, and that seeks a protective or restraining order or injunction restraining stalking orfuture threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filedin connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition allegingthese acts.(w) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be nofee for the service of process by a sheriff or marshal of a temporary restraining order or injunction to be issuedpursuant to this section if either of the following conditions applies:(A) The temporary restraining order or injunction issued pursuant to this section is based upon stalking, asprohibited by Section 646.9 of the Penal Code.(B) The temporary restraining order or injunction issued pursuant to this section is based upon a credible threat ofviolence.(2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the servicesdescribed in this subdivision.(Amended by Stats. 2012, Ch. 162, Sec. 14. Effective January 1, 2013.)

527.9. (a) A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6,527.8, or 527.85 or subject to a restraining order issued pursuant to Section 136.2 of the Penal Code, or Section15657.03 of the Welfare and Institutions Code, shall relinquish the firearm pursuant to this section.(b) Upon the issuance of a protective order against a person pursuant to subdivision (a), the court shall order thatperson to relinquish any firearm in that persons immediate possession or control, or subject to that personsimmediate possession or control, within 24 hours of being served with the order, either by surrendering thefirearm to the control of local law enforcement officials, or by selling the firearm to a licensed gun dealer, as

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specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter2 of Division 6 of Title 4 of Part 6 of the Penal Code. A person ordered to relinquish any firearm pursuant to thissubdivision shall file with the court a receipt showing the firearm was surrendered to the local law enforcementagency or sold to a licensed gun dealer within 48 hours after receiving the order. In the event that it is necessaryto continue the date of any hearing due to a request for a relinquishment order pursuant to this section, the courtshall ensure that all applicable protective orders described in Section 6218 of the Family Code remain in effect orbifurcate the issues and grant the permanent restraining order pending the date of the hearing.(c) A local law enforcement agency may charge the person subject to the order or injunction a fee for the storageof any firearm relinquished pursuant to this section. The fee shall not exceed the actual cost incurred by the locallaw enforcement agency for the storage of the firearm. For purposes of this subdivision, actual cost meansexpenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession ofthe firearm to a licensed dealer as defined in Section 26700 of the Penal Code or to the person relinquishing thefirearm.(d) The restraining order requiring a person to relinquish a firearm pursuant to subdivision (b) shall state on itsface that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm while theprotective order is in effect and that the firearm shall be relinquished to the local law enforcement agency for thatjurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed with the court within aspecified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment.Nothing in this section shall limit a respondents right under existing law to petition the court at a later date formodification of the order.(e) The restraining order requiring a person to relinquish a firearm pursuant to subdivision (b) shall prohibit theperson from possessing or controlling any firearm for the duration of the order. At the expiration of the order, thelocal law enforcement agency shall return possession of any surrendered firearm to the respondent, within fivedays after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1)the firearm has been stolen, (2) the respondent is prohibited from possessing a firearm because the respondent isin any prohibited class for the possession of firearms, as defined in Chapter 2 (commencing with Section 29800)and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code and Sections8100 and 8103 of the Welfare and Institutions Code, or (3) another successive restraining order is issued againstthe respondent under this section. If the local law enforcement agency determines that the respondent is the legalowner of any firearm deposited with the local law enforcement agency and is prohibited from possessing anyfirearm, the respondent shall be entitled to sell or transfer the firearm to a licensed dealer as defined in Section

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26700 of the Penal Code. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon hisor her identification of the firearm and proof of ownership.(f) The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirementsof this section for a particular firearm if the respondent can show that a particular firearm is necessary as acondition of continued employment and that the current employer is unable to reassign the respondent to anotherposition where a firearm is unnecessary. If an exemption is granted pursuant to this subdivision, the order shallprovide that the firearm shall be in the physical possession of the respondent only during scheduled work hoursand during travel to and from his or her place of employment. In any case involving a peace officer who as acondition of employment and whose personal safety depends on the ability to carry a firearm, a court may allowthe peace officer to continue to carry a firearm, either on duty or off duty, if the court finds by a preponderance ofthe evidence that the officer does not pose a threat of harm. Prior to making this finding, the court shall require amandatory psychological evaluation of the peace officer and may require the peace officer to enter into counselingor other remedial treatment program to deal with any propensity for domestic violence.(g) During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms that arein the possession of a local law enforcement agency pursuant to this section. A licensed gun dealer, who presentsa local law enforcement agency with a bill of sale indicating that all firearms owned by the respondent that are inthe possession of the local law enforcement agency have been sold by the respondent to the licensed gun dealer,shall be given possession of those firearms, at the location where a respondents firearms are stored, within fivedays of presenting the local law enforcement agency with a bill of sale.(Amended (as amended by Stats. 2010, Ch. 572) by Stats. 2011, Ch. 285, Sec. 4. Effective January 1, 2012.)

527.10. (a) The court shall order that any party enjoined pursuant to Section 527.6, 527.8, or 527.85 beprohibited from taking any action to obtain the address or location of any protected person, unless there is goodcause not to make that order.(b) The Judicial Council shall develop forms necessary to effectuate this section.(Amended by Stats. 2010, Ch. 572, Sec. 3. Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)

527.11. (a) The owner or owners agent of vacant real property may register the property with the local lawenforcement agency using the form contained in subdivision (a) of Section 527.12.(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not

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authorized to be occupied by any person.

(2) The registration shall be accompanied with a statement providing the name, address, and telephone numberat which the owner can be contacted within a 24-hour period and a statement that either the law enforcementagency or a licensed private security services company has been retained to comply with the inspection andreporting provisions of this section, together with a copy of any agreement or contract to perform those services.(b) The owner or the owners agent shall register the vacant property no later than three days after the owner orowners agent learns that the property is vacant.(c) The owner or owners agent, immediately after authorizing a person to occupy the vacant property, shall doboth of the following:(1) Issue a written authorization to the person authorized to occupy the property.(2) Notify the law enforcement agency where the property is registered and terminate the registration.(d) The owner or the owners agent, immediately upon the sale of the vacant property, shall notify the lawenforcement agency where the property is registered that the property has been sold, and to terminate theregistration.(e) The licensed private security services company or law enforcement agency selected by the owner or ownersagent pursuant to this section shall do both of the following:(1) Inspect the vacant property not less than once every three days.(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorizedperson is found on the property.(f) The law enforcement agency where the property is registered shall respond as soon as practicable after beingnotified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. Theresponding officer shall do all of the following:(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e)and found to be vacant.(2) Ascertain the identity of any person who is found on the property.(3) Require a person who is found on the property to produce written authorization to be on the property or otherevidence demonstrating the persons right to possession.

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(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3)that the owner or owners agent may seek to obtain a court order pursuant to subdivision (g) and that the personwill be subject to arrest for trespass if the person is subsequently found on the property in violation of that order.(5) Verify with the owner or the owners agent that the property is vacant.(g) (1) The owner or owners agent of vacant real property may file an action for a temporary restraining orderand injunctive relief against any person who is found on the vacant property not less than 48 hours after thatperson has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restrainingorder or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespasspursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporaryrestraining order or injunction and for civil contempt for violating a court order.(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or byposting a copy of the summons and complaint at a prominent location on the property and mailing a copy of thesummons and complaint to the propertys address. Posting and mailing a copy of the summons and complaint shallbe sufficient service even if the mailed copy is returned as undeliverable if the owner or owners agent has proofof the mailing.(3) The court may order a hearing on a temporary restraining order within three days following service of thesummons and complaint. The date, time, and location of the hearing may be included with the summons andcomplaint or may be separately served on any person occupying the property in the manner set out in paragraph(2).(4) The court may include in any temporary restraining order granted pursuant to this subdivision an orderdirecting that the property be vacated in not less than 48 hours. The order may be enforced by the local lawenforcement agency where the property is registered or the county sheriff.(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunctionpursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order orinjunction shall be deemed to be a former tenant of the property for purposes of the disposition of personalproperty only.(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a personremoved from the vacant property pursuant to any other law.

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(i) A temporary restraining order or injunction ordering a person to vacate and remove personal propertypursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code ofCivil Procedure.(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the locallaw enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to thissection, including all activities conducted by the law enforcement agency pursuant to subdivision (f).(k) This section applies only to one- to four-unit residences in the Cities of Palmdale and Lancaster in the County ofLos Angeles and the City of Ukiah in the County of Mendocino.(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a laterenacted statute, that is enacted before January 1, 2018, deletes or extends that date.(Added by Stats. 2014, Ch. 666, Sec. 2. Effective January 1, 2015. Repealed as of January 1, 2018, by its own provisions.)

527.12. (a) A property owner, or an agent of the property owner, may execute a Declaration of Ownership thatincludes language substantially similar to the language below and file it with the local law enforcement agency ofthe jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files thedeclaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupiedresidential property listed in the declaration.DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTYI, ____________________, declare and state: I make this declaration based upon my own personal knowledge.1. I am the owner___, or the agent of the owner___(check one), of the residential property located at_____________________, California (Property).2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed bywhich I obtained ownership of the Property.3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed ortransferred to any other person or entity.4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership

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interest or right of possession in the Property has been conveyed or transferred to any other person or entity.5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Anypersons residing on this Property are doing so without any express or implied authorization from me or my agent.6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever toany persons to reside within the Property.7. I will advise the local law enforcement agency if there is any change in the status of the Property and anoccupancy is authorized by me or my agent.8. I declare under penalty of perjury that the foregoing is true and correct.EXECUTED on _________________________________, at _______________________, California(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declarationpursuant to this section that includes false information regarding the right to possess the property is liable to anyperson who, as a result of the declaration, is caused to vacate the property, for reasonable attorneys fees, specialdamages not to exceed $2,000, and all damages resulting from the person having to vacate the property.(c) This section applies only to one- to four-unit residences in the Cities of Palmdale and Lancaster in the County ofLos Angeles and the City of Ukiah in the County of Mendocino.(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a laterenacted statute, that is enacted before January 1, 2018, deletes or extends that date.(Added by Stats. 2014, Ch. 666, Sec. 3. Effective January 1, 2015. Repealed as of January 1, 2018, by its own provisions.)

528. An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order toshow cause; but in such case the defendant may be restrained until the decision of the Court or Judge granting orrefusing the injunction.(Enacted 1872.)

529. (a) On granting an injunction, the court or judge must require an undertaking on the part of the applicant tothe effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified,

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the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled tothe injunction. Within five days after the service of the injunction, the person enjoined may object to theundertaking. If the court determines that the applicants undertaking is insufficient and a sufficient undertaking isnot filed within the time required by statute, the order granting the injunction must be dissolved.(b) This section does not apply to any of the following persons:(1) Either spouse against the other in a proceeding for legal separation or dissolution of marriage.(2) The applicant for an order described in Division 10 (commencing with Section 6200) of the Family Code.(3) A public entity or officer described in Section 995.220.(Amended by Stats. 1993, Ch. 219, Sec. 63.7. Effective January 1, 1994.)

529.1. (a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin aconstruction project which has received all legally required licenses and permits, the defendant may apply to thecourt by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and anydamages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of adelay in the construction of the project. The motion shall be made on the grounds that there is no reasonablepossibility that the plaintiff will obtain a judgment against the moving defendant and that the plaintiff will notsuffer undue economic hardship by filing the undertaking.(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shallorder that the plaintiff file the undertaking in an amount specified in the courts order as security for costs anddamages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of thedefendant shall not exceed five hundred thousand dollars ($500,000).(c) As used in this section, a construction project includes, but is not restricted to, the construction, surveying,design, specifications, alteration, repair, improvement, maintenance, removal, or demolition of any building,highway, road, parking facility, bridge, railroad, airport, pier or dock, excavation or other structure, developmentor other improvement to real or personal property.(Amended by Stats. 2004, Ch. 193, Sec. 11. Effective January 1, 2005.)

529.2. (a) In all civil actions, including, but not limited to, actions brought pursuant to Section 21167 of the PublicResources Code, brought by any plaintiff to challenge a housing project which is a development project, as defined

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by Section 65928 of the Government Code, and which meets or exceeds the requirements for low- or moderateincome housing as set forth in Section 65915 of the Government Code, a defendant may, if the bringing of theaction or the seeking by the plaintiff of particular relief including, but not limited to, injunctions, has the effect ofpreventing or delaying the project from being carried out, apply to the court by noticed motion for an orderrequiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred bythe defendant by the conclusion of the action or proceeding as the result of a delay in carrying out thedevelopment project. The motion shall be made on the grounds that: (1) the action was brought in bad faith,vexatiously, for the purpose of delay, or to thwart the low- or moderate-income nature of the housingdevelopment project, and (2) the plaintiff will not suffer undue economic hardship by filing the undertaking.(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shallorder that the plaintiff file the undertaking in an amount specified in the courts order as security for costs anddamages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of thedefendant shall not exceed five hundred thousand dollars ($500,000).(c) If at any time after the plaintiff has filed an undertaking the housing development plan is changed by thedeveloper in bad faith so that it fails to meet or exceed the requirements for low- or moderate-income housing asset forth in Section 65915 of the Government Code, the developer shall be liable to the plaintiff for the cost ofobtaining the undertaking.(Amended by Stats. 1982, Ch. 517, Sec. 124.5.)

530. In all actions which may be hereafter brought when an injunction or restraining order may be applied for toprevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow ofwhich the plaintiff claims to be entitled, the court shall first require due notice of the application to be served uponthe defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor ismade, that, within ten days prior to the time of such application, the plaintiff has been in the peaceable possessionof the flow of such water, and that, within such time, said plaintiff has been deprived of the flow thereof by thewrongful diversion of such flow by the defendant, or that the plaintiff, at the time of such application, is, and forten days prior thereto, has been, in possession of the flow of said water, and that the defendant threatens todivert the flow of such water; and if such notice of such application be given and upon the hearing thereof, it bemade to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending thelitigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the actscomplained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court

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may refuse the injunction upon the defendant giving a bond such as is provided for in section five hundred andthirty-two; and upon the trial the same proceedings shall be had, and with the same effect as in said sectionprovided.(Amended by Stats. 1911, Ch. 733.)

531. An injunction to suspend the general and ordinary business of a corporation can not be granted without duenotice of the application therefor to the proper officers or managing agent of the corporation, except when thepeople of this state are a party to the proceeding.(Amended by Stats. 1907, Ch. 272.)

532. (a) If an injunction is granted without notice to the person enjoined, the person may apply, upon reasonablenotice to the judge who granted the injunction, or to the court in which the action was brought, to dissolve ormodify the injunction. The application may be made upon the complaint or the affidavit on which the injunctionwas granted, or upon affidavit on the part of the person enjoined, with or without the answer. If the application ismade upon affidavits on the part of the person enjoined, but not otherwise, the person against whom theapplication is made may oppose the application by affidavits or other evidence in addition to that on which theinjunction was granted.(b) In all actions in which an injunction or restraining order has been or may be granted or applied for, to preventthe diversion, pending the litigation, of water used, or to be used, for irrigation or domestic purposes only, if it ismade to appear to the court that great damage will be suffered by the person enjoined, in case the injunction iscontinued, and that the person in whose behalf it issued can be fully compensated for any damages suffered byreason of the continuance of the acts enjoined during the pendency of the litigation, the court in its discretion,may dissolve or modify the injunction. The dissolution or modification shall be subject to the person enjoinedgiving a bond in such amount as may be fixed by the court or judge, conditioned that the enjoined person will payall damages which the person in whose behalf the injunction issued may suffer by reason of the continuance,during the litigation, of the acts complained of. Upon the trial the amount of the damages must be ascertained,and in case judgment is rendered for the person in whose behalf the injunction was granted, the amount fixed asdamages must be included in the judgment, together with reasonable attorneys fees. In any proceedings toenforce the liability on the bond, the amount of the damages as fixed in the judgment is conclusive.(Amended by Stats. 1982, Ch. 517, Sec. 125.)

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533. In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon ashowing that there has been a material change in the facts upon which the injunction or temporary restrainingorder was granted, that the law upon which the injunction or temporary restraining order was granted haschanged, or that the ends of justice would be served by the modification or dissolution of the injunction ortemporary restraining order.(Repealed and added by Stats. 1995, Ch. 796, Sec. 8. Effective January 1, 1996.)

534. In any action brought by a riparian owner to enjoin the diversion of water appropriated or proposed to beappropriated, or the use thereof, against any person or persons appropriating or proposing to appropriate suchwaters, the defendant may set up in his answer that the water diverted or proposed to be diverted is for theirrigation of land or other public use, and, in such case, he shall also in such answer set forth the quantity of waterdesired to be taken and necessary to such irrigation of land or the public use, the nature of such use, the placewhere the same is used or proposed to be used, the duration and extent of the diversion or the proposeddiversion, including the stages of the flow of the stream at and during the time in which the water is to bediverted, and that the same may be diverted without interfering with the actual and necessary beneficial uses ofthe plaintiff, and that such defendant so answering desires that the court shall ascertain and fix the damages, ifany, that will result to the plaintiff or to his riparian lands from the appropriation of the water so appropriated orintended to be appropriated by defendant.The plaintiff may serve and file a reply to the defendants answer stating plaintiffs rights to the water and thedamage plaintiff will suffer by the defendants taking of the water, and plaintiff may implead as parties to theaction all persons necessary to a full determination of the rights of plaintiff to the water and the damages plaintiffwill suffer by the proposed taking by defendant, and the court shall have jurisdiction to hear and determine all therights to water of the plaintiff and other parties to the action, and said parties shall have a right to state and provetheir rights, and shall be bound by the judgment rendered the same as though made parties plaintiff at thecommencement of the action.Upon the trial of the case the court shall receive and hear evidence on behalf of the respective parties, and if thecourt finds that the allegations of such answer are true as to the aforesaid matters, and that the appropriationand diversion of such waters is for irrigation of land or other public use and that, after allowing sufficient water forthe actual and necessary beneficial uses of the plaintiff and other parties, there is water available to be beneficiallyappropriated by such defendant so answering, the court shall fix the time and manner and extent of suchappropriation and the actual damages, if any, resulting to the plaintiff or other parties on account of the same,

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and in fixing such damages the court shall be guided by Article 5 (commencing with Section 1263.410) of Chapter9 of Title 7 of Part 3, and if, upon the ascertainment and fixing of such damages the defendant, within the timeallowed in Section 1268.010 for the payment of damages in proceedings in eminent domain, shall pay into courtthe amount of damages fixed and the costs adjudged to be paid by such defendant, or give a good and sufficientbond to pay the same upon the final settlement of the case, the injunction prayed for by the plaintiff shall bedenied to the extent of the amount the defendant is permitted to appropriate, as aforesaid, and the temporaryinjunction, if any has been granted, shall be vacated to the extent aforesaid; provided, that any of the partiesmay appeal from such judgment as in other cases; and provided, further, that if such judgment is in favor of thedefendant and if he upon and pending such appeal shall keep on deposit with the clerk of said court the amount ofsuch damages and costs, or the bond, if it be given, so awarded to be paid to the plaintiff or other parties in theevent such judgment shall be affirmed, no injunction against the appropriation of the amount the defendant ispermitted to appropriate as aforesaid shall be granted or enforced pending such appeal, and, upon the acceptanceby the plaintiff or other parties of such amount so awarded or upon the affirmation of such decision on appeal sothat such judgment shall become final, the defendant shall have the right to divert and appropriate from suchstream, against such plaintiff or other parties and his successors in interest, the quantity of water thereinadjudged and allowed. Upon the filing of such answer as is herein provided for, the parties plaintiff or other partiesand defendant shall be entitled to a jury trial upon the issues as to damages so raised, as provided in Title 7(commencing with Section 1230.010) of Part 3, applying to proceedings in eminent domain.(Amended by Stats. 1975, Ch. 1240.)